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DeltaCom, Inc. (fka ITCD Stand-Alone AL MTSR, LNP Recovery ...

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Version: 2Q05 <strong>Stand</strong>ard ICA<br />

09/02/05<br />

Attachment 2<br />

Exhibit 1-Form<br />

Page 51<br />

Subsequent disconnects or loss of customers shall be removed from the Embedded<br />

Base.<br />

6.2.4 For purposes of this Section 6, Excess DS1 and DS3 Dedicated Transport means<br />

those ITC^<strong>DeltaCom</strong> DS1 and DS3 Dedicated Transport facilities in service as of<br />

March 10, 2005, in excess of the caps set forth in Section 6.6 below. Subsequent<br />

disconnects and loss of End Users shall be removed from Excess DS1 and DS3<br />

Loops.<br />

6.2.5 For purposes of this Section 6.2, a Business Line is as defined in 47 C.F.R. § 51.5.<br />

6.2.6 Notwithstanding anything to the contrary in this Agreement, BellSouth shall make<br />

available Dedicated Transport as described in this Section 6.2 only for<br />

ITC^<strong>DeltaCom</strong>’s Embedded Base during the Transition Period:<br />

6.2.6.1 DS1 Dedicated Transport where both wire centers at the end points of the route<br />

contain 38,000 or more Business Lines or four (4) or more fiber-based collocators.<br />

6.2.6.2 DS3 Dedicated Transport where both wire centers at the end points of the route<br />

contain 24,000 or more Business Lines or three (3) or more fiber-based<br />

collocators.<br />

6.2.6.3 A list of wire centers meeting the criteria set forth in Sections 6.2.6.1 or 6.2.6.2<br />

above as of March 10,2005, is set forth as Exhibit D hereto or as modified by a<br />

subsequent notification via BellSouth’s web site (Initial Wire Center List).<br />

6.2.6.4 Notwithstanding anything to the contrary in this Agreement, BellSouth shall make<br />

available Entrance Facilities only for ITC^<strong>DeltaCom</strong>’s Embedded Base Entrance<br />

Facilities and only during the Transition Period.<br />

6.2.6.5 Notwithstanding the Effective Date of this Agreement, during the Transition<br />

Period, the rates for ITC^<strong>DeltaCom</strong>’s Embedded Base of DS1 and DS3 Dedicated<br />

Transport and for ITC^<strong>DeltaCom</strong>’s Excess DS1 and DS3 Dedicated Transport, as<br />

described in this Section 6.2, shall be as set forth in Exhibit B, and the rates for<br />

ITC^<strong>DeltaCom</strong>’s Embedded Base Entrance Facilities as described in this Section<br />

6.2 shall be as set forth in Exhibit A. On or after December 1, 2005, BellSouth<br />

shall bill to ITC^<strong>DeltaCom</strong> the amount owed for the Embedded Base of DS1 and<br />

DS3 Dedicated Transport, Excess DS1 and DS3 Dedicated Transport, and<br />

Embedded Base Entrance Facilities for the period from March 11, 2005 to the<br />

Effective Date, and ITC^<strong>DeltaCom</strong> shall pay such amount according to payment<br />

processes set forth in Attachment 7 of this Agreement.<br />

6.2.6.6 The Transition Period shall apply only to (1) ITC^<strong>DeltaCom</strong>’s Embedded Base<br />

and Embedded Base Entrance Facilities; and (2) ITC^<strong>DeltaCom</strong>’s Excess DS1 and<br />

DS3 Dedicated Transport. ITC^<strong>DeltaCom</strong> shall not add new Entrance Facilities<br />

CCCS 74 of 154<br />

[CCCS Amendment 59 of 120]

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